Bill Text: TX HB2285 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to requiring a school district to report data regarding citations issued to and arrests made of students.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-03-17 - Referred to Public Education [HB2285 Detail]
Download: Texas-2015-HB2285-Introduced.html
| 84R13142 KJE-D | ||
| By: Walle | H.B. No. 2285 | |
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| relating to requiring a school district to report data regarding | ||
| citations issued to and arrests made of students. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 37, Education Code, is | ||
| amended by adding Section 37.0815 to read as follows: | ||
| Sec. 37.0815. REPORT TO AGENCY ON CITATIONS AND ARRESTS. | ||
| (a) Not later than the 60th day after the last day of classes for | ||
| the academic year, the superintendent of a school district shall | ||
| electronically submit to the agency a report that contains | ||
| incident-based data describing the total number of citations issued | ||
| to and arrests made of students for the preceding academic year, | ||
| organized by campus. The incident-based data submitted under this | ||
| subsection must include information identifying: | ||
| (1) the age of the student; | ||
| (2) the gender of the student; | ||
| (3) the race or ethnicity of the student; | ||
| (4) whether the student is eligible for special | ||
| education services under Section 29.003; | ||
| (5) whether the student is a student of limited | ||
| English proficiency, as defined by Section 29.052; | ||
| (6) the nature of the offense; | ||
| (7) whether the offense occurred during regular school | ||
| hours; | ||
| (8) whether the offense occurred on school property or | ||
| off school property while the student was attending a | ||
| school-sponsored or school-related activity; and | ||
| (9) the campus at which the student is enrolled. | ||
| (b) The data collected for a report required under this | ||
| section does not constitute prima facie evidence of racial | ||
| profiling. | ||
| (c) A report required under this section may not include | ||
| information that identifies the peace officer who issued a | ||
| citation. The identity of the peace officer is confidential and not | ||
| subject to disclosure under Chapter 552, Government Code. | ||
| (d) A report required under this section may not include | ||
| personally identifiable student information and must comply with | ||
| the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
| Section 1232g). | ||
| (e) A school district that enters into a memorandum of | ||
| understanding with a local law enforcement agency for the provision | ||
| of a regular police presence on campus shall designate in the | ||
| memorandum of understanding which entity will be responsible for | ||
| collecting the data described by Subsection (a). | ||
| (f) If the agency determines that a superintendent | ||
| intentionally failed to submit a report required under this | ||
| section, the agency shall notify the State Board for Educator | ||
| Certification of the failure, and the board shall determine whether | ||
| to impose sanctions against the superintendent in accordance with | ||
| board rules. | ||
| (g) The agency shall collect the reports required under this | ||
| section, compile the data, and make the data available to the | ||
| public. | ||
| (h) In this section, "citation" means a ticket issued to a | ||
| student for a Class C misdemeanor by a school district peace officer | ||
| or other peace officer acting under a memorandum of understanding | ||
| described by Subsection (e). | ||
| SECTION 2. This Act applies beginning with the 2015-2016 | ||
| school year. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
